search warrents and related topics

undefinedWhat is the name of your state? New York

1: What I would like to know is what type of evidence would the police need to have a judge sign off on a search warrent?

2: Is hearsay a reason to start an investigation on someone ex: someone has been caught selling drugs, and the police ask him/her about someone else unrelatede to the case (did you get the drugs from joe blow?) ex:2 depending on if the suspect says no to ex:1 (do you know if jow blow sells drugs) and the suspect says yes. Is that enough to arrest the person or investigate him or get a search warrent for a home?

3: what prompts a police investigation of someone if they don't have hard evidence there committing a crime?

Many a drug dealer has gone down on the word of a snitch.

donyss said:

1: What I would like to know is what type of evidence would the police need to have a judge sign off on a search warrent?

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Enough to convince a judge that there is a good likelihood of the evidence or being sought would be present.

2: Is hearsay a reason to start an investigation on someone ex: someone has been caught selling drugs, and the police ask him/her about someone else unrelatede to the case (did you get the drugs from joe blow?) ex:2 depending on if the suspect says no to ex:1 (do you know if jow blow sells drugs) and the suspect says yes. Is that enough to arrest the person or investigate him or get a search warrent for a home?

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By itself that probably won't be enough. But, the cops would definitely do more than that ... they would get information on prior contacts, history, who lives at the home, calls to the residence or about traffi cin the area, etc. We don't (or SHOULDN'T) just rely on a couple of unsubstantiated allegations to get a warrant.

3: what prompts a police investigation of someone if they don't have hard evidence there committing a crime?

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The allegation.

If there is nothing there, the investigation may end after the initial report is made. Or, the receiving officer or agency may decide to go further with it. There's no bright line rule on this, and it really depends on the information, the agency, and the nature of the allegations.

- Carl

cpl mor questions

well thatnks for the feed back I the info is greatly appreciated. I also have another question for you. can a prepaid cell phone be taped? and if so what does it take to get a tap on some one's phoneline? Whether prepaid, or a plan, or a home phone.

can an undercover cop be on drugs?

donyss said:

well thatnks for the feed back I the info is greatly appreciated. I also have another question for you. can a prepaid cell phone be taped? and if so what does it take to get a tap on some one's phoneline? Whether prepaid, or a plan, or a home phone.

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ANY cell phone can be tapped or scanned ... it isn't easy if you don't know for sure what phone is being used, but it can be done. Again, the answer regarding the warrant will be whatever is sufficient to convince a judge. The affiant should be able to articulate why the person whose phone or phones to be tapped are involved in some criminal activity and why the tap would yield evidence of said criminal enterprise.

can an undercover cop be on drugs?

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CAN he? Sure. Anyone can take drugs ... though, not legally. Should he? No.

However, if I were "under cover" and I thought I might be killed if I didn't do a line of cocaine, I'd be asking them to pass the straw.

- Carl

thanks again now if you get pulled over by police for, lets say a speeding ticket, and they ask to search your car and you say no. Can they do it anyway? I mean even if there aren't any illegal paraphenalia in plain view? and why is it that boarder patrol can search your car without your consent? When does the car search become harrasment to the civilian. and what would happen if the police get a search warrent for your house and find nothing? Could you then sue or maybe get something done about it? who whould you go see if the boarder patrol was harrasing you? what I mean is who is above them that you could speak with to get them to stop bothering you.

donyss said:

thanks again now if you get pulled over by police for, lets say a speeding ticket, and they ask to search your car and you say no.

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They can ask, and you can say, "No."

Can they do it anyway?

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It depends on whether they can articulate an exigency or not. Unless they see paraphernalia, smell dope, see evidence of some other criminal activity, are on probation, or you are unlicensed and your vehicle is subject to seizure then they are not likely going to be able to search unless you give consent.

and why is it that boarder patrol can search your car without your consent?

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Because entry in to the country is not a right. Anyone who crosses the border is subject to search.

When does the car search become harrasment to the civilian.

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When a court says so. And if it is an unlawful search, the evidence gets tossed out. If nothing is found then there is not likely a remedy to be found in court.

and what would happen if the police get a search warrent for your house and find nothing?

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They go away disappointed.

Could you then sue or maybe get something done about it?

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Probably not. You can try to get a copy of the affidavit and see if you have a civil case against anyone who knowingly and intentionally lied about you or your activity, but this is a long shot. Unless the police acted completely irresponsibly or knowingly lied then there is little that can be done to them for serving a valid search warrant.

who whould you go see if the boarder patrol was harrasing you? what I mean is who is above them that you could speak with to get them to stop bothering you.

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You would contact their office. Or, you could hire an attorney to see if you might be able to get an injunction against them.

What exactly is the Border Patrol (now called ICE) doing to you? If they are checking you when you cross the border, you are really WAY out of luck.

- Carl

one more question pertaining to the boarder patrol search. now to be more specific i am not talking about crossing the boarder I am talking about being pulled over by the boader patrol on a highway like interstate 95 and thye search your vehicle without your consent like state troopers only they can't search without your consent.

donyss said:

one more question pertaining to the boarder patrol search. now to be more specific i am not talking about crossing the boarder I am talking about being pulled over by the boader patrol on a highway like interstate 95 and thye search your vehicle without your consent like state troopers only they can't search without your consent.

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I'm not certain if I understand what is happening, but in general, they can't just pull people over and search their car. The ICE is supposed to enforce customs and immigration laws, not state traffic violations. If they are pulling cars over without cause they could well be in violation of some law. But, I suspect that there is something more going on here. I have never heard of ICE just pulling cars over on the interstate. On occasion they do it out here in CA, but these tend to be in some proximity to one of our border counties and related to immigration or customs issues.

- Carl

yeah maybe its because were so close to canada and we do have a big weed smuggling problem here but i have never been in violation of our laws but i still get the pull me over treatment. but n-e-way thanks for the info you have been a great help to me